Law: Punjab Enforcement of Womens Property Rights Act, 2021

Section: 3, 4, 5, 6, 7, 8, 9, & 11

Law: Constitution of Pakistan, 1973

Section: 199,201

Punjab Enforcement of Women's Property Rights Act (X of 2021)--- ----Ss. 3, 4, 5, 6, 7, 8, 9, & 11---Constitution of Pakistan, Arts. 199 & 201---Constitutional petition---Vires of law---Judgment of High Court of another province---Value---Petitioners assailed provisions of Punjab Enforcement of Women's Property Rights Act, 2021, on the plea of same being ultra vires the Constitution---Same provisions had already been declared ultra vires the Constitution by Islamabad High Court---Effect---Judgment of Islamabad High Court had persuasive value for Lahore High Court which had persuaded the Court to follow the judgment without need to disagree and take a different view in order to reach the same destination---High Court declared that provision of Ss.3, 4, 5, 6, 7, 8, 9, and 11 of Punjab Enforcement of Women's Property Rights Act, 2021, were un-constitutional and without lawful authority and of no legal effect---High Court directed that the decision would be applicable to all matters before it including orders passed by Ombudsperson and under challenge in some petitions but were not applicable to matters which were not brought before High Court and had attained finality and were past and closed transactions---High Court directed Provincial Government to draft fresh law as the subject matter covered under Punjab Enforcement of Women's Property Rights Act, 2021, was an important issue relating to rights of female gender---Constitutional petition was allowed accordingly. Saleen Ahmed Jan v. Deputy Commissioner, Islamabad 2024 CLC 953 fol. JUDGMENT SHAHID KARIM, J.---In this constitutional petition and a cluster of other petitions viz. W.P No.18862 of 2023, W.P No.58196 of 2022, W.P No.17379 of 2022. W.P No.82226 of 2022, W.P No.17787 of 2024, W.P No.77424 of 2023, W.P No.10986 of 2023, W.P. No.53050 of 2023, W.P No.75/78 of 2023, W.P No.15002 of 2024 and W.P No.14478 of 2024 (which will be decided by this judgment), a challenge has been laid to the provisions of the Punjab Enforcement or Women's Property Rights Act, 2021 (The 2021 Act). 2. It is contended by the learned counsel for the Petitioners that various provisions of the 2021 Act are ultra vires the…

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